Disposed¶20

Sanskar Projects and Housing Limited v. Smt Shakti Singh Deceased through Her Legal Heirs

Delhi HC8 Apr 2025O.M.P.(MISC.)(COMM.)/315/2025

Case brief

AI extract

What is this about?

Extension of arbitral tribunal mandate under S.29A(4) & (5), Arbitration and Conciliation Act 1996; consent extension by six months from 08.04.2025 with regularisation of period 13.02.2025 to 07.04.2025; death of party and substitution of legal heirs during evidence stage; O.M.P.(MISC.)(COMM.) 315/2025, High Court of Delhi, Jyoti Singh, J.; Sanskar Projects and Housing Limited v. legal heirs of Smt Shakti Singh.

What did the court decide?

Mandate of the learned Arbitral Tribunal extended by six months from 08.04.2025 with the consent of the parties; the period between 13.02.2025 and 07.04.2025 regularised. ¶20

Sanskar Projects and Housing Limited Vs Smt Shakti Singh Deceased… — Arbitration | Delhi HC (2025)

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$~77

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- O.M.P.(MISC.)(COMM.) 315/2025

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SANSKAR PROJECTS AND HOUSING LIMITED .....Petitioner

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Through: Mr. H.L. Tiku, Senior Advocate with Ms. Bharti Kochhar and Mr. Hitesh Wadhwa, Advocates.

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versus

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SMT SHAKTI SINGH DECEASED THROUGH HER LEGAL HEIRS .....Respondent Through: Mr. Gaurav Anand, Advocate.

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CORAM: HON'BLE MS. JUSTICE JYOTI SINGH

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O R D E R % 08.04.2025

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This petition is preferred on behalf of the Petitioner under Section 29A (4) and (5) of Arbitration and Conciliation Act, 1996 (‘1996 Act’) seeking extension of mandate of the learned Arbitral Tribunal.

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As per the averments in the petition, Petitioner and Respondent (now deceased) entered into a Project Development Agreement dated 13.05.2019 (‘Agreement’) in respect of residential property bearing No. 108, Block 172, Jor Bagh, Delhi, admeasuring 575 sq. yards, owned by Respondent for reconstruction/redevelopment of the property after demolishing the existing structure. Petitioner got the building plans sanctioned and completed the construction of the new building as per the required specifications and obtained the completion certificate from NDMC on 27.09.2022.

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It is stated that disputes having arisen between the parties, petition

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Page 1 of 2

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O.M.P.(MISC.)(COMM.) 315/2025

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/04/2025 at 16:33:07

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under Section 11(6) of 1996 Act was filed in this Court being ARB.P. 1474/2022 and vide order dated 09.02.2023, Court appointed a Sole Arbitrator to adjudicate the disputes between the parties. After completion of pleadings before the learned Arbitrator, when the matter was at the stage of Claimant’s evidence, Respondent passed away in U.S.A. on 08.04.2024 and her legal heirs were brought on record on 26.07.2024 in the Claims and the Counter Claims. Matter is stated to be at the stage of evidence to the claims preferred by the Respondents herein. In the order dated 08.01.2025, it was recorded by the learned Arbitral Tribunal that since the mandate was expiring on 12.02.2025, parties will file an appropriate application for extension of time before this Court and the proceedings were adjourned.

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Issue notice.

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Mr. Gaurav Anand, learned counsel accepts notice on behalf of the Respondents and submits that Respondents have no objection if the mandate of the learned Arbitral Tribunal is extended.

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Accordingly, taking into account that the arbitration proceedings are at the stage of evidence, with the consent of the parties mandate of the learned Arbitral Tribunal is extended by a period of 06 months from 08.04.2025 and period between 13.02.2025 to 07.04.2025 is hereby regularised.

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Petition is disposed of in the aforesaid terms.

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JYOTI SINGH, J

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APRIL 8, 2025 S.Sharma

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Page 2 of 2

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O.M.P.(MISC.)(COMM.) 315/2025

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Sanskar Projects and Housing Limited v. Smt Shakti Singh Deceased through Her Legal Heirs

Case brief

What is this about?

What did the court decide?

Sanskar Projects and Housing Limited v. Smt Shakti Singh Deceased through Her Legal Heirs

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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Coram

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